'(1) The Scottish Ministers must prepare a code of practice as to the exercise by proper persons of functions they have under this Chapter.

(2) After preparing a draft of the code the Scottish Ministers

(a)

must publish the draft;

(b)

must consider any representations made to them about the draft;

(c)

may amend the draft accordingly.

(3) After the Scottish Ministers have proceeded under subsection (2) they must lay the code before the Scottish Parliament.

(4) When they have done so, the Scottish Ministers may bring the code into operation on such day as they may appoint by order.

(5) A proper person must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

(6) If a proper person fails to comply with any provision of a code of practice issued under this section he is not by reason only of that failure liable in any criminal or civil proceedings.

(7) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any questions in the proceedings.

(8) The Scottish Ministers may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.'.

'(1) Where the Director is satisfied that there is good reason to believe that the conduct of an investigation or the safety of a nominated officer might be prejudiced if the identity of that officer were known, he may determine that the nominated officer shall have the benefit of anonymity.

(2) For the purposes of this section, a nominated officer is

(a)

a member of staff of the Agency, or

(b)

an accredited financial investigator.

(3) Where, apart from this section, a nominated officer may be required for the purpose of exercising his functions in the conduct of an investigation to produce or show any written authority or otherwise to identify himself, a nominated officer with benefit of anonymity shall

(a)

not be required to produce or show any such authority or to so identify himself for the purpose of exercising his functions, and

(b)

be accompanied by a constable who shall, on request by a person affected, identify himself as a constable and state that he is accompanied by a nominated officer.

(4) Where a nominated officer with benefit of anonymity exercises his functions in the conduct of an investigation in writing, such function shall be exercised in the name of the Agency and not in the name of the nominated officer with benefit of anonymity.

(5) Any document relating to proceedings arising out of an investigation where a nominated officer had benefit of anonymity shall not reveal the identity or address of a nominated officer with benefit of anonymity.

(6) For the purposes of this section, "investigation" means any investigation specified in section 336 other than a money laundering investigation.'.

Offence of prejudicing investigation by identifying nominated officer with benefit of anonymity

'(1) This section applies if a person knows or suspects that a nominated officer has the benefit of anonymity for the purposes of section [Investigations: anonymity of Agency staff and others].

(2) A person commits an offence if he publishes or causes to be published

(a)

the fact that an individual is or was a nominated officer with the benefit of anonymity,

(b)

the fact that an individual is a member of the family of a person who is or was a nominated officer with the benefit of anonymity, or

(c)

the address of any place as being the address where an individual who is or was a nominated officer with the benefit of anonymity or a member of the family of a person who is or was a nominated officer with the benefit of anonymity resides.

(3) A person does not commit an offence under subsection (2) if

(a)

he does not know or suspect that the identification of a nominated officer with benefit of anonymity is likely to prejudice the investigation, or

(b)

the idenfitication is made in the exercise of a function under this Act or any other enactment relating to criminal conduct or benefit from criminal conduct or in compliance with a requirement imposed under or by virtue of this Act.

(4) A person guilty of an offence under subsection (2) is liable

(a)

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or

(b)

on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.'.

Page 217, line 9 [Clause 376], leave out from 'privilege' to end of line 10.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

167

Page 222, line 3 [Clause 384], leave out 'either'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

166

Page 222, line 3 [Clause 384], leave out 'or at once'.

Mr Secretary Blunkett

100

Page 233, line 26 [Clause 408], leave out paragraph (c) and insert

'(c)

any property in respect of which an order under section 131(3) is in force;'.

NEW CLAUSE RELATING TO PART 10

Restriction on disclosure for overseas purposes (No. 2)

Mr Secretary Blunkett

NC10

To move the following Clause:

'(1) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (restrictions on disclosure of information for overseas purposes) applies to a disclosure of information authorised by section 429(1)(a) or (b) or 433(1)(a) or (b).

(2) In the application of section 18 of the Anti-terrorism, Crime and Security Act 2001 by virtue of subsection (1) section 20 of that Act must be ignored and the following subsection is substituted for subsection (2) of section 18 of that Act

"(2) In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure which

(a)

is made for a purpose authorised by section 429(1)(a) or (b) or 433(1)(a) or (b) of the Proceeds of Crime Act 2002, and